The question of whether paralegal services should be valued at cost or at prevailing market rates when determining a fee award to a prevailing party in a suit against the government is now before the U.S. Supreme Court, Richlin Security Service Co. v. Chertoff, No. 06-1717.
Employees of a government contractor were awarded back pay, payroll […]
The student has apparently failed to answer written interrogatories about his assets (he’s reportedly in China), and the School District is considering a deposition regarding the assets.
One story quotes Doug Mertz, the student’s attorney:
Since [the District] know[s] that Joe is broke, they know they probably will never collect anything. So the motive is almost certainly something else, likely […]
In a commercial lease matter, Judge Sedwick has relied, in part, on the Joint Statement of Issues to prevent a party from advancing an argument it hadn’t reserved in the Joint Statement - here, the enforceability under state (Georgia) law of a contractual provision about attorney fees.
OFC Capital v. AT Publishing, Inc., 2007 WL 4557806 (D.Alaska Dec. 20, […]
The Alaska Supreme Court has affirmed most of the trial court’s decisions in an AWHA class action. Given that I represent the employee class, I’ll try to keep this entry brief and neutral.
Air Logistics of Alaska, Inc. (AirLog) provides helicopter services to various companies, including Alyeska Pipeline Service Company. It contracted to pay its remote employees for […]
Ethics Opinions, other Supreme Court Opinions
Review of Arbitration Award for Fraud and Partiality: In an Uninsured Motorist case reviewed under the state Arbitration Act, the Supreme Court (per C. J. Fabe) unanimously affirmed the trial court (Wolverton), and held a) the driver (pro se) had failed to show “affirmative wrongdoing” by State Farm and thus […]
Member claims against a union: The 9th Circuit has affirmed judgment against a union under both Title VII and DFR theories.
DFR claim: The Court affirmed a trial court’s findings that a union had breached its duty by failing to file a timely grievance when the union has agreed to do so, and that such conduct substantially injured the […]
An employment opinion, and two other opinions that may be of interest to the employment bar; and a Comment
Set-aside criminal convictions and licensing: In State, Bd. of Nursing v. Platt, 2007 WL 3121603 (Alaska Oct. 26, 2007), the Supreme Court reversed the Superior Court (Charles Huguelet) and held that the Nursing Board may properly consider a […]
Yesterday’s Wall Street Journal (09/25/07 WSJ, A-18) carried an op-ed piece by Yeshiva University Law School professor Lester Brickman that publicizes a request for a Formal Opinion from the American Bar Association concerning plaintiff counsel’s negotiation with defendants for direct payment of plaintiff’s fees.
The request comes from 20 law school faculty members who apparently are experts […]
The Anchorage law firm of Richmond & Quinn provides a handy calculator of prejudgment interest and (state) prejudgment attorney fees on the firm’s website. All you need do is enter the date of loss, the amount of the loss, and the end date for the loss. The calculator does the rest, including figures Rule 82 […]
Discussion of ”Ten Things I Learned the Summer of 2007″ at yesterday’s Employment Law Section meeting raised several issues.
Attorney fees under AS 09.60.070. First, what is the burden of proof regarding the “serious criminal offense - preponderance, or proof beyond a reasonable doubt? The statute doesn’t address that, but I would suggest that the standard is the […]
The pilots of Hageland Aviation Services, Inc. sued both Hageland Aviation and (later) three officer/shareholders for unpaid overtime compensation under the Alaska Wage and Hour Act. Judge Peter Michalski certified a class, and entered summary judgment against defendants on their principal defenses - (1) preemption under the federal Airline Deregulation Act; and (2) exemption under AS 23.10.060(d)(19)(re “flight […]
Last Wednesday the Alaska Supreme Court affirmed Judge Patricia Collins’ summary judgment against a Juneau citizen who claimed that a Juneau Police officer had tortiously harassed him. In its unpublished opinion, the court adopted Judge Collins’ “thorough discussion of the IIED issue.” Olivit v. Comolli, No. 1284 (Alaska Aug. 15, 2007).
Collins held that plaintiff Olivit […]
Scattered Alaska statutes authorize awards of actual attorneys fees to prevailing plaintiffs in employment cases. Some are familiar (such as the provision in the Wage and Hour Act for reasonable attorney fees). Some are less familiar, such as the provisions for these categories of claims:
1) Extension of fraudulent employment offers
Alaska law bars an employer from […]
Friday’s opinion in Ware v. Ware, 2007 WL 1575525 (Alaska June 1, 2007), included an extended discussion of Rule 82(b)(3) enhancements of fee awards. Although this is not an employment case, the discussion may be useful in other types of cases. Justice Carpeneti, with Justices Matthews and Eastaugh, upheld the trial court’s (Harold Brown) enhanced award of approximately 80% of […]
In today’s opinion in Sole v. Wyner, 2007 WL 1582904, the U S Supreme Court addressed this issue:
Does a plaintiff who gains a preliminary injunction after an abbreviated hearing, but is denied a permanent injunction after a dispositive adjudication on the merits, qualify as a ‘prevailing party’ within the compass of [42 USC] § 1988(b)?
The unanimous Court, […]
